SURENDRA VIKRAM SINGH RATHORE,J. - (1.) Mr. Karuna Kant Gupta, learned counsel for the appellant and Sri Umesh Verma, learned Additional Government Advocate were heard.
(2.) Under Challenge in the instant criminal appeal is the judgment and order dated 19.01.2005 passed by learned Additional Sessions Judge/F.T.C. Court No.3, Hardoi, in Sessions Trial No.623 of 2003, arising out of Case Crime No.67 of 2003, under Section 302 IPC, Police Station Arwal, District Hardoi and also in S.T. No.624 of 2003 arising out of Case Crime No.71 of 2003, under Section 25 of Arms Act, Police Station Arwal, District Hardoi, whereby the appellant Ram Pratap was convicted for the offence under Section 302 IPC and was sentenced to undergo imprisonment for life and also with fine of Rs.5000/ - with default stipulation of two years' additional imprisonment. He was also convicted for the offence under Section 25 of Arms Act and was sentenced to undergo rigorous imprisonment for a period of one year.
(3.) Brief facts of the case are that the complainant Kamla Devi lodged an FIR at Police Station Arwal on 22.06.2003 at 12:30 hours alleging therein that on 21.06.2003 her husband Ram Narayan and Ram Pratap had entangled in hurling of abuses after taking liquor, due to which on 22.06.2003 in the morning appellant Ram Pratap came to his door and asked for Ram Narayan and has said that he will kill him. Then the complainant said that you both are friends and requested him not to do so. Thereafter, Ram Pratap went away from there. The complainant Smt. Kamla Devi send her son Sandeep to call Ram Narayan back to home. Then her son Sandeep and her brother Ram Lakhan went there at that time Ram Narayan was sitting on Takhat of Kamta. In the meantime appellant Ram Pratap came from the shop of Ram Prasad and from a place near the channi of Kamta started hurling abuses at about 8:30 a.m. When he was trying to take out his countrymade pistol then Ram Narayan, seeing the countrymade pistol rushed towards him to catch him or to snatch the weapon. In the meantime, Ram Pratap fired which hit on the chest of the deceased due to which he fell down and died on the spot.;